Commonwealth Consolidated Acts

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A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999 - SECT 22A

Exceptions to the operation of section 22

Exceptions

             (1)  Despite section 22, an individual cannot be an FTB child of another individual (an adult ) in the cases set out in this table:

 

When the individual is not an FTB child of the adult at a particular time

 

If the individual is aged:

then the individual cannot be an FTB child of the adult if:

1

5 or more and less than 16

(a) the individual is not undertaking full‑time study or primary education and the individual has adjusted taxable income, for the income year in which the particular time occurs, that equals or exceeds the cut‑out amount (see subsection (2)); or

(b) the adult is the individual's partner, or would be if the individual was over the age of consent applicable in the State or Territory in which the individual lives.

2

16 or more

(a) the individual has adjusted taxable income, for the income year in which the particular time occurs, that equals or exceeds the cut‑out amount (see subsection (2)); or

(b) the adult is the individual's partner; or

(c) the individual, or someone on behalf of the individual, is, at the particular time, receiving payments under a prescribed educational scheme.

3

any age

the individual, or someone on behalf of the individual, is, at the particular time, receiving:

(a) a social security pension; or

(b) a social security benefit; or

(c) payments under a program included in the programs known as Labour Market Programs.

          (1A)  For the purposes of subsection (1), an individual is taken to be undertaking primary education if the individual is:

                     (a)  participating in a course of primary education; or

                     (b)  enrolled to participate in such a course.

Definition

             (2)  In subsection (1):

"cut-out amount" means $11,233.



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